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{
    "id": 1113076,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1113076/?format=api",
    "text_counter": 176,
    "type": "speech",
    "speaker_name": "Homa Bay Town, ODM",
    "speaker_title": "Hon. Peter Kaluma",
    "speaker": {
        "id": 1565,
        "legal_name": "George Peter Opondo Kaluma",
        "slug": "george-peter-opondo-kaluma"
    },
    "content": " I thank you, Hon. Speaker. I did not have opportunity to speak to the Report because I was away on Thursday on other business of Parliament but I request we tackle the constitutional issue raised and not the merits of the Report. I think the issue raised by Hon. Mbadi is: Can a petitioner before Parliament sit when Parliament makes recommendations and proceed only not to move to amend the report but recommendations? This is important because it is not an issue that will just affect this matter. This is also precedent. What we do today will affect other matters. Relevant to this matter, when this particular petition was remitted to the Committee, it visited Marsabit. Among the people the Committee met was the petitioner, Hon. Dido Rasso and Hon. Chachu Ganya. There was Hon. Arbelle who was a Member of the Committee. We told them that we would meet them, and thereafter, they should leave us to meet the people. I am confirming that the petitioner was also heard by the Committee with the facilitation of this Parliament. To allow that petitioner to be seen in public suggesting amendments to the Report will make other people who listened, to question whether he had a privileged position above them. It bothers me. Secondly, in law we have two principles which undergird the idea of natural justice. One, you shall not be condemned unheard. The other is, what is captured in the Latin phrase called “ Nemo iudex in causa sua” . No man shall be a judge in his own cause. If we allow a petitioner to propose amendments to a Report which is like a judgment by the Committee of the House brought to the House for ratification, it is the perfect case of allowing a person to write his own judgment. I would be worried we would not be just a foul to the law on natural justice, but we would have set a very dangerous precedent for Parliament. Without going to the Report, I would have been very happy if the recommendations and amendments that were moved by Hon. Dido Rasso were moved by any other party, not a party to the Report. In the manner it is, my view is not just that we defer, but that those matters, having been moved by the petitioner and because the appearance The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}